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Baker v. State

Court of Appeals of Texas, Fourth District, San Antonio

May 17, 2017

Stanley Foster BAKER, Appellant
v.
The STATE of Texas, Appellee

         From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 15-1755-CR-A Honorable W.C. Kirkendall, Judge Presiding

          ORDER

          Patricia O. Alvarez, Justice.

         Appellant is an inmate representing himself in this appeal. We granted Appellant's first motion for a sixty-day extension to file his brief; his brief was due on May 1, 2017.

         On April 27, 2017, Appellant filed a second motion for extension of time to file his brief. He stated he has not received electronic recordings of the following events:

Event Date

Volume

Event

Reporter

06 Jan 2016

2

Hearing to Appoint New Counsel

Richard Roberts

02 Feb 2016

3

Pre-Trial Hearing

Phyllis Bush

25 May 2016

5

Pre-Trial Hearing

Nancy Capetillo

12 Jul 2016

6

Hearing on Motion to Suppress

Lori Schmid

18 Jul 2016

7

Trial

Lori Schmid

19 Jul 2016

8

Trial

Lori Schmid

20 Jul 2016

9

Trial

Lori Schmid

         This court contacted each of the reporters, and except for Richard Roberts, none has audio recordings of the events.

         We ORDER court reporter Richard Roberts to file in this court a digital copy of the audio recording on the Hearing to Appoint New Counsel held on January 6, 2016, within FIVE DAYS of the date of this order.

         While his motion for extension of time to file his pro se brief and his request for copies of the audio recordings above was pending, on May 5, 2017, Appellant filed a pro se brief. The brief is replete with formal and substantive defects. See Tex. R. App. P. 38.1, 38.9. The defects make his brief subject to being struck, or, at a minimum, for multiple issues to be waived for failure to adequately brief the issue. See, e.g., id. R. 38.1(i).

         Appellant's motion for a thirty-day extension of time to file a brief-which would now be an amended brief-is GRANTED. Appellant's pro se amended brief is due on May 31, 2017.

         The trial court granted Appellant's request to represent himself in this appeal, with a court-appointed standby appellate lawyer, but "there is no Texas constitutional right to appellate self-representation." Cormier v. State, 85 S.W.3d 496, 498 (Tex. App.-Houston [1st Dist.] 2002, order); see Martinez v. Court of Appeal of Cal, Fourth Appellate Dist, 528 U.S. 152, 163 (2000) (recognizing that states may allow appellants to represent themselves in criminal appeals).

         We caution Appellant that if he fails to file his pro se amended brief by May 31, 2017, we will order court-appointed appellate counsel to file a brief on Appellant's behalf. See Cormier, 85 S.W.3d at 498 (refusing to allow appellant to ...


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